State v. Pogue

HOLOHAN, Justice.

James Ortiz Pogue was tried and convicted of second-degree burglary. The evidence discloses that the defendant Pogue entered a retail store in Maricopa County, took an automatic toothbrush valued at $12.12 and left the store without paying for the item. The defendant delivered the stolen merchandise to an accomplice waiting in the store parking lot. The accomplice entered the store and returned the item to the store and obtained a refund. The defendant and his accomplice were arrested in the parking lot of the store by law enforcement officers who had had them under…